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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is an actual manager of a limited liability C company located in Daegu Dong-gu 1203, and is a full-time user who conducts mobile game development business using seven full-time workers.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, from September 1, 2013 to February 29, 2016, the Defendant did not pay KRW 2,00,000 for the wages of February 2016, and KRW 250,00 for the food of January 2016, and KRW 250,00 for the food of February 2016 and KRW 250,00 for the food of February 2016, as stated in the attached Table, within 14 days from the date of occurrence of the payment cause without agreement between the parties on the extension of the payment date.
2. An employer who violates a guarantee of retirement benefits of a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, from September 1, 2013 to February 29, 2016, the Defendant did not pay KRW 11,328,326 of the retirement pay in the name of three delayed payment, such as D’s retirement pay 4,942,340, which was worked at the said workplace, within 14 days from the date of occurrence of the payment cause, without any agreement between the parties on the extension of the payment date.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement of D and E;
1. Application of Acts and subordinate statutes to details of transactions, respective written confirmations, and documents evidencing food expenditure;
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);
1. Trade name;